Common use of Product and Service Quality Clause in Contracts

Product and Service Quality. To Parent's knowledge, all services provided by the HostPro Business to customers on or prior to the Closing Date conform to applicable contractual commitments, implied warranties not disclaimed, express warranties, product specifications and quality standards published by Parent or its subsidiaries in all material respects ad include limitations of the Parent's liability that are tied to the value of contract. Neither Parent nor any of its subsidiaries has any material liability (and Parent is not aware of any basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim or demand against Parent or any of its subsidiaries giving rise to any liability) for the taking of any remedial action with respect to such services or other damages in connection therewith. Parent has not received any written complaint from a customer that alleges that Parent is in material breach of the customer contract or the agreed upon service level commitments, except for those that Parent reasonably believes can be addressed without resulting in a material liability. All material unresolved written complaints received since December 31, 2000 from customers regarding the HostPro Services, in which the matter complained about is of a recurring nature relative to more than one customer, are set out in Part 3.21 of the Parent Disclosure Letter in detail reasonably sufficient to understand the nature of the complaint and the material actions required to achieve resolution thereof. Parent has no material liability for breach of any service level commitments in excess of reserves therefore in the Parent Balance Sheet. Parent has received or is in the process of receiving, written contract indemnities, or has obtained or is in the process of obtaining, other contractual allowances that were appropriate under the circumstances, from each of its suppliers has received or is in the process of receiving written contract indemnities from each of the suppliers and vendors of the HostPro Business against liabilities that Parent may incur as a result of material defects or deficiencies in such suppliers' or vendors' products or services or Parent Intellectual Property infringement relating thereto. The HostPro Business' data privacy policy is as set forth on its web site and in Part 3.21 of the Parent Disclosure Letter.

Product and Service Quality. To Parentthe Company's knowledge, all services provided by the HostPro Business Company or any Subsidiary to customers on or prior to the Closing Date conform to applicable contractual commitments, implied warranties not disclaimed, express warranties, product specifications and quality standards published by Parent Company or its subsidiaries a Subsidiary in all material respects ad and include limitations of the ParentCompany's liability that are tied to the value of the contract. Neither Parent Company nor any of its subsidiaries Subsidiary has any material liability (and Parent Company is not aware of any basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim or demand against Parent Company or any of its subsidiaries Subsidiary giving rise to any liability) for replacement or repair thereof, or for the taking of any remedial action with respect to such services thereto or other damages in connection therewith. Parent Company has not received any written complaint from a customer Customer that alleges that Parent Company is in material breach of the customer 42 contract or the agreed upon service level commitments, except for those that Parent Company reasonably believes can be addressed without resulting in a material liability. All material unresolved written complaints received since December 31, 2000 from customers regarding the HostPro Company Services, in which the matter complained about is of a recurring nature relative to more than one customer, are set out in Part 3.21 2.23 of the Parent Company Disclosure Letter in detail reasonably sufficient to understand the nature of the complaint and the material actions required to achieve resolution thereof. Parent Company has no material liability for breach of any service level commitments in excess of reserves therefore in the Parent Company Balance Sheet. Parent Company has received or is in the process of receiving, written contract indemnities, or has obtained or is in the process of obtaining, other contractual allowances that were appropriate under the circumstances, from each of its suppliers has received or is in the process of receiving written contract indemnities from each of the suppliers and vendors of the HostPro Business against liabilities that Parent Company may incur as a result of material defects or deficiencies in such suppliers' or vendors' products or services or Parent Intellectual Property infringement relating thereto. The HostPro Business' Company's data privacy policy is as set forth on its web site and in Part 3.21 2.23 of the Parent Company Disclosure Letter.

Product and Service Quality. To Parentthe Company's knowledge, all services provided by the HostPro Business Company or any Subsidiary to customers on or prior to the Closing Date conform to applicable contractual commitments, implied warranties not disclaimed, express warranties, product specifications and quality standards published by Parent Company or its subsidiaries a Subsidiary in all material respects ad and include limitations of the ParentCompany's liability that are tied to the value of the contract. Neither Parent Company nor any of its subsidiaries Subsidiary has any material liability (and Parent Company is not aware of any basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim or demand against Parent Company or any of its subsidiaries Subsidiary giving rise to any liability) for replacement or repair thereof, or for the taking of any remedial action with respect to such services thereto or other damages in connection therewith. Parent Company has not received any written complaint from a customer Customer that alleges that Parent Company is in material breach of the customer contract or the agreed upon service level commitments, except for those that Parent Company reasonably believes can be addressed without resulting in a material liability. All material unresolved written complaints received since December 31, 2000 from customers regarding the HostPro Company Services, in which the matter complained about is of a recurring nature relative to more than one customer, are set out in Part 3.21 2.23 of the Parent Company Disclosure Letter in detail reasonably sufficient to understand the nature of the complaint and the material actions required to achieve resolution thereof. Parent Company has no material liability for breach of any service level commitments in excess of reserves therefore in the Parent Company Balance Sheet. Parent Company has received or is in the process of receiving, written contract indemnities, or has obtained or is in the process of obtaining, other contractual allowances that were appropriate under the circumstances, from each of its suppliers has received or is in the process of receiving written contract indemnities from each of the suppliers and vendors of the HostPro Business against liabilities that Parent Company may incur as a result of material defects or deficiencies in such suppliers' or vendors' products or services or Parent Intellectual Property infringement relating thereto. The HostPro Business' Company's data privacy policy is as set forth on its web site and in Part 3.21 2.23 of the Parent Company Disclosure Letter.